SCHEDULES

Prospective

SCHEDULE 1 U.K.Exempt user-to-user and search services

PART 1 U.K.Descriptions of services which are exempt

Internal business services (entire user-to-user service or search service) U.K.

7 (1) A user-to-user service or a search service is exempt if the conditions in sub-paragraph (2) are met in relation to the service.

(2) The conditions are—

(a) the user-to-user service or search service is an internal resource or tool for a business, or for more than one business carried on by the same person,

(b) the person carrying on the business (or businesses) (“P”) is the provider of the user-to-user service or search service, and

(c) the user-to-user service or search service is available only to a closed group of people comprising some or all of the following—

(i) where P is an individual or individuals, that individual or those individuals,

(ii) where P is an entity, officers of P,

(iii) persons who work for P (including as employees or volunteers) for the purposes of any activities of the business (or any of the businesses) in question, and

(iv) any other persons authorised by a person within sub-paragraph (i), (ii) or (iii) to use the service for the purposes of any activities of the business (or any of the businesses) in question (for example, a contractor, consultant or auditor, or in the case of an educational institution, pupils or students).

(3) In this paragraph—

• “business” includes trade, profession, educational institution or other concern (whether or not carried on for profit);

• “officer” includes a director, manager, partner, associate, secretary, governor, trustee or other similar officer.

Commencement Information

I1 Sch. 1 para. 7 not in force at Royal Assent, see s. 240(1)